Advocate Sanjay Kumar Shukla

Questions Answered by Advocate Sanjay Kumar Shukla

Q: Can i take bail on the day i have to present in court

I am a handicapped person accused of kidnapping and i have received a summon under section 82 .earlier i was on bail , but due to having no knowledge of legal process and health reason , i was not appearing before court. so what will happen next. can i take bail on appearance same day or i have to surrender first and then apply for bail.

Advocate Sanjay Kumar Shukla answered
Move two separate applications in court together. First Surrender application and second application for cancellation of 82 Cr.P.C. proceedings and continuing earlier bail. Request the judge by making submissions with regard to your genuine problems due to which you could not attend the court proceedings.

Q: Clarification on withdrawal of case after cheque amount already paid

I have already paid back the amount equivalent to my cheque's amount. And still the person (to whom i gave the cheque) has nt withdrawn the case. Court has issued warrant against me though I have paid the entire amount back.

Advocate Sanjay Kumar Shukla answered
If amount is paid under any settlement between parties before court or any Mediation centre then it is binding on both parties or if you have any receipt of payment showing that cheque amount was paid by you in lieu of cheque in question. Give this proof to Judge

Q: Where one can file case for cheque bounce matter

Is it mandatory that a cheque bounce case will be filed near the bank home branch where cheque bounced irrespective of the fact where complainant or accused reside or any other facts ?

Advocate Sanjay Kumar Shukla answered
As per the latest amendment in NI Act, 1881 w.e.f 15.06.2015 cheque bounce cases can be file within the jurisdiction of court where the home branch of bank of the complainant is situated. It is mandatory to file the cases u/s 138 NI Act.

Q: Opp party declared absconder by the court for non appearance,what next

i am petitioner. the other party has not been coming from last 4-5 appearing. she has been declared bhagoda.no further date has been given to us by court. kindly advise what would be the next course of action. thanks

Advocate Sanjay Kumar Shukla answered
An application u/s 174-A IPC can be filed against absconder accuses by you in court where matter was pending to get the direction for registration of FIR that he has committed offence u/s 174-A IPC which is cognizable & non compoundable offence. Judge. You may request for property attachment also u/s 83 Crpc

Q: 498A case filed against me, chargesheet submited,what should I do next

I am booked under498a,323,504,506,3/4 now charge sheet has been submitted in the court UP. Now what should be my next step after charge sheet submission. Does accused gets some days to do some prevention before appearing in court For trial.

Advocate Sanjay Kumar Shukla answered
When IO will file Chargsheet against you in court, after due consideration Judge will take cognizance & summon will be issued to you. After getting summons you have to appear before court & ask for copy of charge sheet to defend yourself in proper manner. After getting. Charge sheet you may file application u/s 207 Crpc for scrutiny of documents. Further you may argue in charge